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Can an Employer of Record Sponsor a Work Visa? Rules in 12 Countries

An EOR provider may offer visa support, but whether the EOR can actually be the sponsor depends on each country's immigration rules on agencies and third-party placement. Here is what those rules say in 12 countries, from the immigration authorities and legislation themselves.

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  • Generally yes, with conditions: Japan, the Netherlands and the United States.
  • Generally no, or not for staff placed with a client: Australia, Canada, Singapore and the United Kingdom.
  • Only as a licensed agency, or only through specific permits: Germany (only where no Federal Employment Agency consent is needed), Spain and Portugal (licensed temporary work agencies) and the UAE (MOHRE permit types).
  • Unclear: Ireland, where the 2021 policy and the 2024 Act point different ways.
  • Why it can be restrictive: several countries' rules look for the employer that actually directs the work. An EOR employs the worker while the client directs it, which is the arrangement that agency and third-party rules target.
CountryCan an EOR sponsor?Key conditionMain route
AustraliaNot as a standard sponsorOn-hire labour agreement neededSkills in Demand visa (subclass 482), with the employer as sponsor
CanadaNo (LMIA route)Agencies recruiting for other businesses aren't employersEmployer-specific work permit, usually based on a Labour Market Impact Assessment (LMIA)
GermanyOnly without BA consente.g. standard EU Blue Card; provider needs AÜG licenceEU Blue Card or skilled-worker residence permit (the worker applies; there is no sponsor licence)
IrelandUnclear2021 policy says no; the 2024 Act provides for agency applicationsCritical Skills or General Employment Permit (no sponsor licence)
JapanYes, as a licensed dispatcherDispatch licence; client fixed before applyingEngineer/Specialist in Humanities/International Services status (Certificate of Eligibility)
NetherlandsYes, if registeredIND recognised sponsor and SNA register; Wtta admission from 2027Highly skilled migrant permit, applied for by an IND-recognised sponsor
PortugalOnly as a licensed agencyTemporary work agency licence; temporary placements onlyResidence visa and permit for subordinate work (no sponsor licence)
SingaporeNot to supply staffOnly to deliver the employer's own services, under its supervisionEmployment Pass or S Pass, applied for by the employer
SpainOnly as a licensed ETTETT authorisation; route-specific limitsHighly qualified professional permit (Ley 14/2013) or employee work permit (RD 1155/2024)
United Arab EmiratesOnly via MOHRE permit typesTemporary or part-time permits, or a MOHRE-licensed agencyMOHRE work permit and residence visa, held by the employer
United KingdomNoThe client must hold the sponsor licenceSkilled Worker visa, with a Certificate of Sponsorship from a licensed sponsor
United StatesH-1B: yes. L-1: noBona fide job offer; client's role judged on the client's requirementsH-1B (employer petition) or L-1 (intracompany transfer)
  • Short answer: Not as a standard sponsor.
  • Visa or permit: Skills in Demand visa (subclass 482), with the employer as sponsor.
  • A standard business sponsor must employ the worker itself or through an associated entity, in its own business, and must not recruit or hire out the visa holder to a business it isn't associated with (Migration Regulations regs 2.72(11), 2.73(14) and 2.86(2AA)).
  • Placing sponsored workers with clients is "on-hire". The official route is an On-hire labour agreement: the sponsor pays the worker itself, holds a contract with each client, monitors the client's workplace compliance, and may not leave the worker without work ("benching is not permitted").
  • A short list of occupations, such as chief executive and some medical roles, is exempt from the requirement to work in the sponsor's own business.
  • More on employing there: Australia.
  • Short answer: No, for LMIA-based permits.
  • Visa or permit: Employer-specific work permit, usually based on a Labour Market Impact Assessment (LMIA).
  • Since 18 September 2026, the Temporary Foreign Worker Program defines the employer as "the entity that hires the temporary foreign worker, sets their working conditions and directly pays them", and says staffing or employment agencies that recruit workers for other businesses "aren't considered employers" and can't be approved to hire for those businesses (ESDC).
  • Service Canada looks at who benefits from the work and who controls where, when and how it's done, among other factors. Most work permits are tied to one employer, and changing employer needs a new permit (IRCC).
  • More on employing there: Canada.
  • Short answer: Only where no Federal Employment Agency consent is needed.
  • Visa or permit: EU Blue Card or skilled-worker residence permit (the worker applies; there is no sponsor licence).
  • A worker placed with a client who integrates them and gives the instructions is on loan under the AÜG, and the provider needs a labour-leasing licence (AÜG § 1(1)).
  • Where the Federal Employment Agency (BA) must consent to the employment, it must refuse if the foreigner will work as a temporary agency worker (AufenthG § 40(1) no. 2), with no discretion.
  • The BA's guidance says agency work is allowed where no consent is needed, for example the standard EU Blue Card, which is issued without BA consent (§ 18g(1)). The lower-salary Blue Card for shortage occupations and recent graduates, and the skilled-worker permit under § 18b, need consent.
  • More on employing there: Germany.
  • Short answer: Unclear.
  • Visa or permit: Critical Skills or General Employment Permit (no sponsor licence).
  • The Department of Enterprise's published policy says permits "cannot be considered from an employment agency" where the worker is assigned to work for, and under the direction of, another employer, and the General Employment Permit requires the worker to be employed, salaried and paid directly by the employer.
  • But that policy page dates from 2021 and relies on the repealed 2006 Act. The Employment Permits Act 2024 includes contracts with an employment agency to work for a third person in its definition of a contract of employment, and says the application is then made by the agency (ss. 2(1) and 12(2)). Until the Department updates its guidance, ask it directly.
  • More on employing there: Ireland.
  • Short answer: Yes, as a licensed dispatcher.
  • Visa or permit: Engineer/Specialist in Humanities/International Services status (Certificate of Eligibility).
  • The Immigration Services Agency accepts dispatch (haken) for this status: the dispatching company is the accepting organisation, and both it and the client sign written pledges, with the individual dispatch contract submitted.
  • The client must be fixed when the application is made, the period of stay follows the dispatch contract, and the agency may check directly with the client.
  • Having your own employee work under another company's direction is worker dispatch, which requires a licence from the Minister of Health, Labour and Welfare (Worker Dispatching Act arts. 2 and 5).
  • More on employing there: Japan.
  • Short answer: Yes, if registered.
  • Visa or permit: Highly skilled migrant permit, applied for by an IND-recognised sponsor.
  • Only an employer recognised by the IND can apply for a highly skilled migrant permit. A business that supplies workers or provides payrolling can be recognised only if it is listed in the register of the Labour Standards Foundation (SNA) (Voorschrift Vreemdelingen 2000 art. 1.14).
  • Labour suppliers must also be registered as such in the trade register (Waadi art. 7a), and from 1 January 2027 they need official admission under the new Wtta regime.
  • More on employing there: Netherlands.
  • Short answer: Only as a licensed temporary work agency.
  • Visa or permit: Residence visa and permit for subordinate work (no sponsor licence).
  • The general route needs an employment contract (or promise of one) and social security registration (Lei 23/2007 arts. 59 and 88). The holder can change employer by notifying AIMA, without a new permit.
  • A company that supplies a worker to a user under the user's direction is a temporary work agency, which needs a licence; contracts by an unlicensed agency are void (Labour Code arts. 172–173). Temporary agency work is allowed only in listed temporary situations, for at most two years (arts. 175 and 178).
  • Workers contracted through agencies that place people under someone else's direction are excluded from the intra-company transfer permit (Lei 23/2007 art. 124-A).
  • More on employing there: Portugal.
  • Short answer: Not to supply staff.
  • Visa or permit: Employment Pass or S Pass, applied for by the employer.
  • The Ministry of Manpower lets an employer deploy pass holders to a client's premises only to provide its own services under a contract for service, where the work matches the pass and the company's declared business, and the company "remains as the employer, and directly supervises the work" and pays the salaries.
  • Deploying pass holders to a client "for the sole purpose of supplementing its workforce" isn't allowed, except under conditions in the construction and process sectors. A company not registered in Singapore needs a local sponsor to apply for an Employment Pass for its own employee.
  • More on employing there: Singapore.
  • Short answer: Only as a licensed temporary work agency.
  • Visa or permit: Highly qualified professional permit (Ley 14/2013) or employee work permit (RD 1155/2024).
  • Hiring workers to place them temporarily with another company is allowed only through duly authorised temporary work agencies (ETTs); otherwise it is illegal labour supply (Workers' Statute art. 43). ETT authorisation requires the business to be dedicated exclusively to that activity (Ley 14/1994 art. 2).
  • The immigration regulation bars ETTs from collective recruitment at origin (RD 1155/2024 art. 121.2); its bar on ETTs holding seasonal permits was annulled by the Supreme Court on 8 July 2026. The highly qualified professional route is filed by the company that needs the professional, and says nothing either way about ETTs.
  • More on employing there: Spain.
  • Short answer: Only through MOHRE's own mechanisms.
  • Visa or permit: MOHRE work permit and residence visa, held by the employer.
  • Nobody may work in the UAE, and no employer may employ a worker, without a work permit from the Ministry of Human Resources and Emiratisation (Decree-Law 33/2021 art. 6), and the occupation must match the establishment's business activity.
  • The employer must not let the worker work for others except as the law provides (art. 13). MOHRE permit types cover some cases, such as a temporary permit to assign a worker to another company for a limited period, or a part-time permit with MOHRE approval. MOHRE licenses recruitment agencies, for UAE citizens only.
  • More on employing there: United Arab Emirates.
  • Short answer: No.
  • Visa or permit: Skilled Worker visa, with a Certificate of Sponsorship from a licensed sponsor.
  • The Immigration Rules don't allow a Skilled Worker job that amounts to hiring the worker out to a third party to fill a position there, or to provide an ongoing routine role or service for a third party (Appendix Skilled Worker SW 5.6).
  • The Home Office says the sponsor must be whoever has full responsibility for the duties and outputs of the job. An employment agency or other intermediary can hold a licence only to sponsor workers employed directly in running its own business; sponsoring a worker and supplying them to another organisation leads to the licence being revoked (sponsor guidance L5.12–L5.13, S1.34–S1.38).
  • The client itself can sponsor, if it decides the job's duties and outputs and is responsible for agreeing and paying the worker's salary (L5.14).
  • More on employing there: United Kingdom.
  • Short answer: H-1B: yes. L-1: no.
  • Visa or permit: H-1B (employer petition) or L-1 (intracompany transfer).
  • Since January 2025, the H-1B petitioner must be a United States employer with a bona fide job offer, a legal presence in the US and a tax ID; the old employer-employee relationship test was removed (8 CFR 214.2(h)(4)(ii); final rule of 18 December 2024).
  • The rules expressly cover workers "staffed to a third party": the third party's requirements decide whether the role is a specialty occupation, USCIS may ask for the contracts between all parties, and refusing a site visit at a third-party worksite can lead to denial or revocation.
  • The L-1 needs a qualifying relationship (parent, branch, affiliate or subsidiary) between the US employer and the worker's foreign employer, so an unrelated EOR can't use it for a client's transferee (8 CFR 214.2(l)(1)(ii)(G)).
  • Ask the provider which entity will sponsor, and under which route. In several countries the honest answer is that the EOR can't, or only under a specific licence or agreement.
  • Check whether your own company would need to be the sponsor. In the UK, for example, the client has to hold the sponsor licence for a placed worker.
  • Look at the labour-hire rules too. The same arrangement that limits visa sponsorship can also trigger labour-hire licensing or time limits; see where EOR counts as labour hire.
  • Consider your own entity for long-term visa hires. See foreign subsidiary vs EOR.
Can an employer of record sponsor a UK Skilled Worker visa?
Not for a worker placed with a client. The Immigration Rules bar jobs that amount to hiring the worker out to a third party, and an agency or intermediary can only sponsor workers employed directly in running its own business. The client can sponsor the worker itself if it decides the duties and agrees and pays the salary.
Can an EOR sponsor an H-1B visa?
The current rules allow it. Since January 2025, the petitioner needs a bona fide job offer, a legal presence in the US and a tax ID, and the rules expressly cover workers staffed to a third party, whose requirements decide whether the role is a specialty occupation. An unrelated EOR can't file an L-1, which needs a corporate relationship with the worker's foreign employer.
Can an EOR sponsor a visa in Australia?
Not as a standard business sponsor, which must employ the worker in its own or an associated business and must not hire visa holders out. Placing sponsored workers with clients needs an On-hire labour agreement with the Department of Home Affairs.
Can an EOR sponsor an Employment Pass in Singapore?
Not to supply staff to a client. MOM allows deployment to a client's premises only where the employer provides its own services, supervises the work and pays the salaries; supplying pass holders to supplement a client's workforce isn't allowed outside construction and process sectors.
Can a staffing agency get an LMIA in Canada?
Not for workers it recruits for other businesses. Since 18 September 2026, ESDC says such staffing or employment agencies aren't employers under the Temporary Foreign Worker Program and can't be approved to hire for other businesses.
Can an EOR be a recognised sponsor in the Netherlands?
Yes, if it meets the conditions. Businesses that supply workers or provide payrolling can be recognised by the IND only if they're listed in the Labour Standards Foundation (SNA) register, and from 1 January 2027 labour suppliers also need admission under the Wtta.
Can an EOR sponsor a German EU Blue Card?
The standard EU Blue Card is issued without Federal Employment Agency consent, and the agency's guidance says agency work is allowed where no consent is needed. Where consent is required, including the lower-salary Blue Card, it must be refused for temporary agency workers. The EOR also needs a labour-leasing licence.
  1. 1
    Migration Regulations 1994 (Compilation No. 289, 2 October 2026)

    Federal Register of Legislation

    Regs 2.72(5) and (11), 2.73(14)–(14A), 2.86(2AA) and (2A).

  2. 2
    Labour agreement template: on-hire industry

    Department of Home Affairs

    On-hire defined; payment by the sponsor, client contracts, compliance monitoring, no benching.

  3. 3
    Exempt occupations (subclass 482)

    Department of Home Affairs

    Occupations exempt from working in the nominating employer's business.

  4. 4
    Program requirements for high-wage positions

    Employment and Social Development Canada

    Who is the employer under the TFW Program; staffing and employment agencies (modified 18 September 2026).

  5. 5
    Immigration and Refugee Protection Regulations, ss. 185, 200 and 203

    Justice Laws Website

    Work permit conditions by employer; genuine job offer; LMIA.

  6. 6
    Change jobs or employers

    Immigration, Refugees and Citizenship Canada

    A new permit is needed to change employer on an employer-specific permit.

  7. 7
    Aufenthaltsgesetz § 40 and § 18g

    Bundesministerium der Justiz (gesetze-im-internet.de)

    Consent must be refused for temporary agency workers; the standard Blue Card is issued without BA consent.

  8. 8
    Fachliche Weisungen AufenthG/BeschV (Stand 12/2024)

    Bundesagentur für Arbeit

    Marginal 40.0.2: the ban applies only where BA consent is required.

  9. 9
    Arbeitnehmerüberlassungsgesetz § 1

    Bundesministerium der Justiz (gesetze-im-internet.de)

    Labour leasing needs a licence; definition of leasing.

  10. 10
    Eligibility for employment permits for employment agencies and agency workers

    Department of Enterprise, Tourism and Employment

    Agency applications not considered where the worker works under another employer's direction (2021).

  11. 11
    General Employment Permit: employer criteria

    Department of Enterprise, Tourism and Employment

    The worker must be employed, salaried and paid directly by the employer.

  12. 12
    Employment Permits Act 2024 (revised)

    Law Reform Commission (Revised Acts)

    Ss. 2(1) and 12(2): contracts with an employment agency to work for a third person; applications by the agency.

  13. 13
    派遣形態で就労する場合の取扱いについて (July 2026)

    Immigration Services Agency of Japan

    Dispatch site must be fixed; period of stay follows the dispatch contract; checks with the client; pledges.

  14. 14
    在留資格「技術・人文知識・国際業務」

    Immigration Services Agency of Japan

    Documents for dispatched workers, including pledges from the dispatcher and the client.

  15. 15
    労働者派遣法 (Worker Dispatching Act) arts. 2 and 5

    e-Gov法令検索

    Definition of worker dispatch; licence from the Minister of Health, Labour and Welfare.

  16. 16
    Highly skilled migrant

    Immigration and Naturalisation Service (IND)

    Only an employer recognised by the IND can apply (updated 11 September 2026).

  17. 17
    Voorschrift Vreemdelingen 2000, art. 1.14

    Overheid.nl (wetten.overheid.nl)

    Labour suppliers and payrolling firms recognised only if on the SNA register.

  18. 18
    Wet allocatie arbeidskrachten door intermediairs (Waadi)

    Overheid.nl (wetten.overheid.nl)

    Art. 7a registration; chapter 3a admission (toelating) from 1 January 2027.

  19. 19
    Lei n.º 23/2007 (as amended by Lei n.º 62/2026)

    Procuradoria-Geral Regional de Lisboa

    Arts. 59, 88, 124-A and 198-A.

  20. 20
    Código do Trabalho, arts. 172–178

    Procuradoria-Geral Regional de Lisboa

    Temporary agency work: licence, permitted cases and duration.

  21. 21
    Am I allowed to send my work pass holders to work at my client's place?

    Ministry of Manpower

    Conditions for client-site deployment; supplying labour not allowed (updated 8 April 2026).

  22. 22
    Apply for an Employment Pass

    Ministry of Manpower

    Applications by the employer or an appointed agent; local sponsor for overseas companies (updated 15 June 2026).

  23. 23
    Estatuto de los Trabajadores, art. 43

    Boletín Oficial del Estado

    Labour supply only through authorised ETTs; illegal supply.

  24. 24
    Real Decreto 1155/2024 (Reglamento de Extranjería)

    Boletín Oficial del Estado

    Arts. 74, 101.1 (paragraph annulled 8 July 2026) and 121.2.

  25. 25
    Ley 14/2013, arts. 71 and 76

    Boletín Oficial del Estado

    Highly qualified professionals; processing by the Unidad de Grandes Empresas.

  26. 26
    Ley 14/1994 (empresas de trabajo temporal), art. 2

    Boletín Oficial del Estado

    Prior authorisation; exclusive dedication.

  27. 27
    Federal Decree-Law No. 33 of 2021 (unofficial English translation)

    UAE Government portal (u.ae)

    Arts. 6, 11, 13 and 60.

  28. 28
    Work permits

    UAE Government portal (u.ae)

    MOHRE's permit types, including temporary and part-time permits (updated 19 October 2026).

  29. 29
    Immigration Rules Appendix Skilled Worker

    GOV.UK (Home Office)

    SW 5.5–5.6: genuine vacancy; no hiring out to a third party (updated 8 October 2026).

  30. 30
    Workers and Temporary Workers: guidance for sponsors, Part 1 (version 08/26)

    GOV.UK (Home Office)

    L5.12–L5.14: agencies and intermediaries; client sponsorship of agency-supplied workers.

  31. 31
    Workers and Temporary Workers: guidance for sponsors, Part 2 (version 10/26)

    GOV.UK (Home Office)

    S1.34–S1.38: who must be the sponsor; third-party work; revocation.

  32. 32
    8 CFR 214.2 (eCFR, 14 October 2026)

    Electronic Code of Federal Regulations

    H-1B: (h)(2)(i)(A), (h)(4)(i)(B)(2)–(3), (h)(4)(ii), (h)(4)(iv)(C); L-1: (l)(1)(ii)(G).

  33. 33
    Modernizing H-1B Requirements, final rule (89 FR 103054, 18 December 2024)

    Federal Register (govinfo.gov)

    Replaced the employer-employee relationship test with a bona fide job offer requirement; effective 17 January 2025.